HB3416 EnrolledLRB102 17016 SPS 22438 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Industrial Hemp Act is amended by changing
5Sections 5, 10, and 15 as follows:
 
6    (505 ILCS 89/5)
7    Sec. 5. Definitions. In this Act:
8    "Department" means the Department of Agriculture.
9    "Director" means the Director of Agriculture.
10    "Hemp" or "industrial Industrial hemp" means the plant
11Cannabis sativa L. and any part of that plant, whether growing
12or not, with a delta-9 tetrahydrocannabinol concentration of
13not more than 0.3 percent on a dry weight basis that has been
14cultivated under a license issued under this Act or is
15otherwise lawfully present in this State, and includes any
16intermediate or finished product made or derived from
17industrial hemp.
18    "Hemp production plan" means a plan submitted by the
19Department to the Secretary of the United States Department of
20Agriculture pursuant to the federal Agriculture Improvement
21Act of 2018, Public Law 115-334, and consistent with the
22Domestic Hemp Production Program pursuant to 7 CFR Part 990
23wherein the Department establishes its desire to have primary

 

 

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1regulatory authority over the production of hemp.
2    "Land area" means a farm as defined in Section 1-60 of the
3Property Tax Code in this State or land or facilities under the
4control of an institution of higher education.
5    "Person" means any individual, partnership, firm,
6corporation, company, society, association, the State or any
7department, agency, or subdivision thereof, or any other
8entity.
9    "Process" means the conversion of raw industrial hemp
10plant material into a form that is presently legal to import
11from outside the United States under federal law.
12    "THC" means delta-9 tetrahydrocannabinol.
13(Source: P.A. 100-1091, eff. 8-26-18.)
 
14    (505 ILCS 89/10)
15    Sec. 10. Licenses and registration.
16    (a) No Under Section 5940 of Title 7 of the United States
17Code, no person shall cultivate industrial hemp in this State
18without a license issued by the Department.
19    (b) The application for a license shall include:
20        (1) the name and address of the applicant;
21        (2) the legal description of the land area, including
22    Global Positioning System coordinates, to be used to
23    cultivate industrial hemp; and
24        (3) if federal law requires a research purpose for the
25    cultivation of industrial hemp, a description of one or

 

 

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1    more research purposes planned for the cultivation of
2    industrial hemp which may include the study of the growth,
3    cultivation, or marketing of industrial hemp; however, the
4    research purpose requirement shall not be construed to
5    limit the commercial sale of industrial hemp.
6    (b-5) A person shall not process industrial hemp in this
7State without registering with the Department on a form
8prescribed by the Department.
9    (c) The Department may determine, by rule, the duration of
10a license or registration; application, registration, and
11license fees; and the requirements for license or registration
12renewal.
13(Source: P.A. 100-1091, eff. 8-26-18.)
 
14    (505 ILCS 89/15)
15    Sec. 15. Rules.
16    (a) The Department shall submit to the Secretary of the
17United States Department of Agriculture a hemp production plan
18under which the Department monitors and regulates the
19production of industrial hemp in this State. The Department
20shall adopt rules incorporating the hemp production plan,
21including application and licensing requirements shall be
22determined by the Department and set by rule within 120 days of
23the effective date of this Act.
24    (b) The rules set by the Department shall include one
25yearly inspection of a licensed industrial hemp cultivation

 

 

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1operation and allow for additional unannounced inspections of
2a licensed industrial hemp cultivation operation at the
3Department's discretion.
4    (c) The Department shall adopt rules necessary for the
5administration and enforcement of this Act in accordance with
6all applicable State and federal laws and regulations,
7including rules concerning standards and criteria for
8licensure and registration, for the payment of applicable
9fees, signage, and for forms required for the administration
10of this Act.
11    (d) The Department shall adopt rules for the testing of
12the industrial hemp THC levels and the disposal of plant
13matter exceeding lawful THC levels, including an option for a
14cultivator to retest for a minor violation, with the retest
15threshold determined by the Department and set in rule. Those
16rules may provide for the use of seed certified to meet the THC
17levels mandated by this Act as an alternative to testing.
18(Source: P.A. 100-1091, eff. 8-26-18.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.